By Tajeu Shadrack Nkapapa
Members of the National Assembly have found fault with the High Court ruling which declared the National Government Constituencies Development Fund (NG-CDF), unconstitutional.
During a debate on the matter allowed by National Assembly Speaker Hon. Moses Wetang’ula, he extended an invitation to the leaders of the majority and minority parties in the house to a meeting to deliberate on the way forward, following the verdict which also gave the fund an operational timeline of June 30, 2026 at midnight.
As the lawmakers engaged in discussions regarding the ruling, a significant number of MPs expressed concerns that upholding the Judgment could potentially reverse the substantial progress the country has achieved in the development of grassroots infrastructure.
The Chairperson of the select committee on NG-CDF, Hon. Musa Sirma (Eldama Ravine), described the ruling as misguided, emphasizing that the accountability mechanisms of the Fund and its results were evident to all.
He further stated that if the Judgment is upheld, it would lead to adverse consequences for the Kenyan populace.
“This NG-CDF is an equalizer to all others Funds. There are sections of this country that hither to the establishment of the Fund were lagging behind, but which now have been brought closer to the rest of the Country by the use of the Fund. Those against this fund should go and face Kenyans at the grassroots and hear their outcry,” noted Hon Sirma.
Eldas MP, Hon. Adan Keynan underscored the urgency to entrench the NG-CDF in the Constitution to safeguard the milestones the country had made through the kitty.
“Stand firm as Members of Parliament. This is not the usual complaining. We will entrench the NG-CDF in the Constitution, for the good and well-being of the Country,” reiterated Hon. Keynan.
Samburu West MP Hon. Naisula Lesuuda urged the investigative agencies to identify and present evidence regarding any purported misappropriation of the fund, in order to mitigate the ongoing external pressure aimed at abolishing it.
“If there is one fund where there is accountability, it is in NG-CDF. If anybody thinks there is anybody misusing the money, we have investigative agencies which can investigate,” stated Hon. Lesuuda.
Rarieda MP Hon. Otiende Amollo, who served as one of the Legal Counsels for the National Assembly in the NG-CDF court case, contributed to the discussion by asserting that the High Court had made an error in its ruling.
“The decision rendered by the High Court is wrong on the role of MPs on the NG-CDF, the term and roles of the fund managers and for the avoidance of doubt we have already agreed we are going to appeal that decision,” noted Hon. Amollo.
He contended that the court’s decision was predominantly founded on a previous Supreme Court judgment regarding the NG-CDF Act, which has since undergone amendments.
The debate highlights Parliament’s determination to preserve and potentially entrench the NG-CDF in the Constitution, underscoring its importance to Kenya’s development agenda.